How does CBP determine length of stay written on I-94?

[rsn 135]

I've looked seemingly everywhere for an answer to this question, and I have not found one.

My MIL recently received a B2. On her DS-160 and during her interview, she was asked how long she would like to stay, and 2 months was the answer. This was also what I wrote on my letter to the embassy on her behalf, though I did say "about 2 months". Anyway, we are planning her trip, and it looks like 2 months and about 3 weeks will be the planned length of stay based on our schedules. We plan on buying a RT ticket that will schedule her stay for about 2 months & 3 weeks. I know the length of stay is at the discretion of the CBP officer, but how on earth do we buy RT tickets (which are generally required anyway) without knowing for sure how long the B2 visa holder can stay ahead of time? I'm hoping that the CBP officer will set her permitted length of stay based on the return date indicated on her RT ticket, but I can't seem to confirm this. Does the "2 months" we mentioned during the interview have any bearing on what the CBP officer writes on her I-94? That is, will we be restricted to a strict 2 months?

Any specific evidence that will answer my questions here will be quite useful. Thanks!

[thongd4me 69]

A better answer should come from someone whose relative was in the same situation as your MIL,

but if I wanted to get definitive info in your situation before I bought the ticket I would go for an infopass meeting.

Telephone help is a waste of time, which has been discussed over and over.

I would guess that the IO would look at the return ticket (that is logical) but sometimes with the CBP

they may have other "gotcha" rules or regulations that an immigration officer at the infopass should know about.

I don't blame you not wanting to leave it up to chance.

[Dancob 1]

I've looked seemingly everywhere for an answer to this question, and I have not found one.

My MIL recently received a B2. On her DS-160 and during her interview, she was asked how long she would like to stay, and 2 months was the answer. This was also what I wrote on my letter to the embassy on her behalf, though I did say "about 2 months". Anyway, we are planning her trip, and it looks like 2 months and about 3 weeks will be the planned length of stay based on our schedules. We plan on buying a RT ticket that will schedule her stay for about 2 months & 3 weeks. I know the length of stay is at the discretion of the CBP officer, but how on earth do we buy RT tickets (which are generally required anyway) without knowing for sure how long the B2 visa holder can stay ahead of time? I'm hoping that the CBP officer will set her permitted length of stay based on the return date indicated on her RT ticket, but I can't seem to confirm this. Does the "2 months" we mentioned during the interview have any bearing on what the CBP officer writes on her I-94? That is, will we be restricted to a strict 2 months?

Any specific evidence that will answer my questions here will be quite useful. Thanks!

Normally they stamp your I-94 for six months. However if they found something out of normal at the time of entry, they can stamp at discretion for 30 days or something else,

When I first entered the US, I was nervous, and the CBP officer started questioning the purpose of my trip, then he stamped my I-94 for only 30 days. Next time I entered, I tried to look more secured and only answer what they asked; on that time I got six months.

My advice; ask your MIL to be secured and tell the true about the time she plans to stay (two months and few weeks, have the return ticket at hand,and be prepared to answer questions like how is she going to pay for her stay and so on.

Good luck

[Harsh_77 718]

Easiest option would be buy an open return ticket, which does not have a specific date. Most open tickets are valid for 6 months.

So whtever date CBP officer puts on her I-94 or if she wishes to travel back earlier that is possbile.

All you got to do is call the airline and ask if they have seat on date of choice and they can help you with that.

[rsn 135]

Normally they stamp your I-94 for six months. However if they found something out of normal at the time of entry, they can stamp at discretion for 30 days or something else,

When I first entered the US, I was nervous, and the CBP officer started questioning the purpose of my trip, then he stamped my I-94 for only 30 days. Next time I entered, I tried to look more secured and only answer what they asked; on that time I got six months.

My advice; ask your MIL to be secured and tell the true about the time she plans to stay (two months and few weeks, have the return ticket at hand,and be prepared to answer questions like how is she going to pay for her stay and so on.

Good luck

Thanks for your response.

I also thought about open-ended tickets, but this doesn't seem like a good idea to me, that is, to arrive w/out a return date. I'm not sure immigration will like that. As far as her communication w/ the CBP officer, it will have to be through an interpreter anyway. Also, she will be showing proof of her ability to pay for her stay through us - just as she did at the interview. She cannot pay her own way as she has little money. We will be at the airport waiting for her.

I think the best way to proceed may be to buy a RT ticket with a return date and simply change the date if necessary.

Edited September 6, 2010 by rsn

[Dancob 1]

Thanks for your response.

I also thought about open-ended tickets, but this doesn't seem like a good idea to me, that is, to arrive w/out a return date. I'm not sure immigration will like that. As far as her communication w/ the CBP officer, it will have to be through an interpreter anyway. Also, she will be showing proof of her ability to pay for her stay through us - just as she did at the interview. She cannot pay her own way as she has little money. We will be at the airport waiting for her.

I think the best way to proceed may be to buy a RT ticket with a return date and simply change the date if necessary.

Yea that sounds like the best option. Get your ticket with an specific date of return, and be sure that you can make any changes in your ticket without high penalty fees.

In that case she has an specific date to tell to the CBP and support that with her ticket.